The court affirms the principles guiding bail applications, emphasizing the necessity of cooperation in trial proceedings.

CORAM: HONOURABLE MR. JUSTICE KHATIM REZA ORAL ORDER

3 17-01-2026 Heard learned counsel for the petitioner and learned A.P.P for the State.

2. The petitioner seeks bail in connection with Krityanand Nagar P.S. Case No. 148 of 2018 dated 09.05.2018 registered for the offence punishable under Sections 392 and 411 of the Indian Penal Code .

3. The prosecution case, in short, is that the informant is the driver of Scorpio bearing Registration No. JH 10V0281 and owner of the aforesaid vehicle is Sataypal Singh of District- Dhanbad, Jharkhand. It is stated that on 08.05.2018, owner of the vehicle informed the informant that three persons hired his vehicle from Dhanbad to Purnea and on the instruction of the owner, the informant in the next morning at about 07:00 Α.Μ. proceeded from Dhanbad to Rupauli (Purnea) and three persons boarded in the said vehicle. On the basis of conversation in between each other, the informant came to know the names of the aforesaid persons as Raja Irshad, Md. Jamal and Chhotu. At about 09:00 P.M., the informant reached at Kajha Chawk from where he reached near August Nagar, Purnea at about 09:30 P.M., where the aforesaid persons got the informant down from the vehicle and then they fled away towards Purnea side with the aforesaid vehicle after giving him Rs. 500/-. Informant searched the vehicle but could not trace out. The Informant's mobile with two SIMS was also left in the vehicle.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has been falsely implicated in this case. It is submitted that the petitioner is not named in the F.I.R.. Only on the basis of confessional statement of co-accused Raj Amid @ Ramjan @ Rajan, the petitioner has been made accused in this case. It is further submitted that the said accused person, namely, Raj Amid @ Ramjan @ Rajan has been granted bail by a co- ordinate Bench of this Court vide order dated 18.12.2018 passed in Criminal Miscellaneous No. 76101 of 2018. It is also submitted that stolen Scorpio vehicle was recovered from the house of co- accused Md. Eklakh @ Md. Chotu, who has been granted bail by a co-ordinate Bench of this Court vide order dated 29.10.2018 passed in Criminal Miscellaneous No. 58062 of 2018. Further, it is submitted that nothing has been recovered either from conscious possession of the petitioner or from his house. Lastly, it has been submitted that the petitioner is in custody since 01.08.2025, having two criminal cases against him and charge-sheet has been submitted in the case.

5. Learned A.P.P for the State opposes the prayer for bail of the petitioner.

6. Having considered the facts and circumstances of the case and submissions of learned counsel for the parties, let the petitioner be released on bail upon furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned S.D.J.M., Purnea in connection with Krityanand Nagar P.S. Case No. 148 of 2018, subject to the following conditions:-

1. Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the Court and on his absence on two consecutive dates without sufficient reason, his bail bond shall be cancelled by the Court below.

2. One of the bailors will be his own blood relation, preferably father, mother, brother, sister and or his wife.

3. The bailor shall also state on affidavit that he will inform the court concerned if the petitioner is made accused in any other case of similar nature after his release in the present case and thereafter the court below will be at liberty to initiate the proceeding for cancellation of bail on ground of misuse.

4. If the petitioner tampers with the evidence or the witnesses, in that case, the prosecution will be at liberty to move for cancellation of bail.

5. The petitioner within two weeks of his release from custody shall appear before the S.H.O. of his local area alongwith a copy of this order and shall appear ever